Sunita @ Suni Makar vs State Of Odisha
2025 Latest Caselaw 3785 Ori

Orissa High Court

Sunita @ Suni Makar vs State Of Odisha on 7 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA No.95 of 2025

     Sunita @ Suni Makar                     ...             Appellant
                                     Mr. D.K.Mohanty, Advocate
                                -versus-
     State of Odisha                      ...      Respondent
                                             Mr. A.K.Apat, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                                ORDER(ORAL)

Order No.                        07.02.2025
   01.       1.        This    matter   is    taken   up    through    Hybrid

Arrangement (Virtual/Physical Mode).

2. This is an appeal against conviction of the appellant for commission of offence U/S. 9 of the Immoral Traffic (Prevention) Act, 1956 read with Sec. 34 of the IPC.

3. Heard.

4. Admit.

5. Call for the soft/digitized copy of the LCR/TCR from the trial Court.

6. List this matter on 30.04.2024.

7. Heard, Mr. Dinesh Kumar Mohanty, learned counsel for the appellant and Mr. A.K.Apat, learned Addl. Public Prosecutor in the matter and perused the record.

8. Realization of fine under the impugned judgment in S.T. Case No. 19/78/114 of 2015-17-20 of the Court of learned Addl. Sessions Judge-cum-Special Court, (under

POCSO Act), Sambalpur shall remain stayed till disposal of the appeal.

9. Accordingly, the IA stands disposed of.

10. This is an application under Section 430 (1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") by the appellant-petitioner for grant of bail to the appellant pending suspension of further execution of sentence till disposal of the appeal.

11. Heard, Mr. Dinesh Kumar Mohanty, learned counsel for the appellant and Mr. A.K.Apat, learned Addl. Public Prosecutor in the matter and perused the record.

12. It appears from the record that the appellant has been convicted for commission of offence U/S. 9 of the Immoral Traffic (Prevention) Act, 1956 read with Sec. 34 of the IPC and the maximum substantive sentence of imprisonment as awarded to her is five years, but she has already been detained in custody from 12.05.2015 to 25.10.2016 and thereafter, after her conviction w.e.f. 22.11.2024.

13. In view of the aforesaid fact and circumstance and taking into account the custody period of the appellant-petitioner who is a lady and there being no immediate prospect of hearing of the appeal, this Court admits the appellant-petitioner to bail pending suspension of further execution of her sentence and directs for suspension of her setence.

14. Hence, the prayer for bail of the appellant- petitioner stands allowed and she shall be released on

bail on such terms and conditions as deems fit and proper by the learned convicting Court.

15. Accordingly, the IA stands disposed of.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 08-Feb-2025 12:44:57